available defense (Montana) · Go Syfert
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available defense in Montana

9 Montana opinions name it 1 courts 1985–2023 1 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Mahoneygreen
mont · 1994 · cited in 2 Montana opinions naming this issue, 2020–2023
2 sentences

2023See State v. Mahoney, 264 Mont. 89, 101-02 , 870 P.2d 65, 73 (1994).

2023See State v. Mahoney, 264 Mont. 89, 101-02 , 870 P.2d 65, 73 (1994).

22
State v. Lancegreen
mont · 1982 · cited in 2 Montana opinions naming this issue, 2002–2005
2 sentences

2005In Lance , we concluded that [t]he record is void of any indication that defendant was aware of the available defense as contained in section 45-5-304, MCA.” Lance, 201 Mont. at 33 , 651 P.2d at 1004 (emphasis added).

2005In Lance , we concluded that [t]he record is void of any indication that defendant was aware of the available defense as contained in section 45-5-304, MCA.” Lance, 201 Mont. at 33 , 651 P.2d at 1004 (emphasis added).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Starrh and Starrh Cotton Growers v. Aera Energy LLC green
calctapp · 2007
1 sentence

2012Instead, Mangini applied well-established principles to a somewhat unique factual situation and concluded that the only available test-the reasonable-abatement test-had not been proven.” Starrh, 63 Cal. Rptr. 3d at 173 .

12012–2012
Hans v. State green
mont · 1997
2 sentences

2008Hans, 283 Mont. at 410-11 , 942 P.2d at 693 . ¶12 McFarlane asserts that Glade did not adequately prepare him for the change of plea hearing, specifically arguing that Glade told him “he had to answer yes to all questions asked by the court in the change of plea hearing.” McFarlane also asserts that Glade failed to inform him of the available defense of “permission” despite Glade knowing that McFarlane had a key to the Hopkins’ residence.

2008Hans, 283 Mont. at 410-11 , 942 P.2d at 693 . ¶12 McFarlane asserts that Glade did not adequately prepare him for the change of plea hearing, specifically arguing that Glade told him “he had to answer yes to all questions asked by the court in the change of plea hearing.” McFarlane also asserts that Glade failed to inform him of the available defense of “permission” despite Glade knowing that McFarlane had a key to the Hopkins’ residence.

12008–2008
Contway v. Camp neutral
mont · 1989
2 sentences

2002See State v. Lance (1982), 201 Mont. 30 , 651 P.2d 1003 (defendant allowed to withdraw guilty plea when not advised of the available defense of voluntarily returning child under § 45-5-304(3), MCA); and Contway v. Camp (1989), 236 Mont. 169 , 768 P.2d 1377 (petitioner's arrest for custodial interference was valid because voluntarily returning the children to state agency was not equivalent to returning children to lawful custodian who was established by court's custody order).

2002See State v. Lance (1982), 201 Mont. 30 , 651 P.2d 1003 (defendant allowed to withdraw guilty plea when not advised of the available defense of voluntarily returning child under § 45-5-304(3), MCA); and Contway v. Camp (1989), 236 Mont. 169 , 768 P.2d 1377 (petitioner's arrest for custodial interference was valid because voluntarily returning the children to state agency was not equivalent to returning children to lawful custodian who was established by court's custody order).

12002–2002
Zahrte v. Sturm, Ruger & Co. green
mont · 1983
1 sentence

1994Specifically, we stated in Zahrte, 661 P.2d at 18 , that “we felt that a defense should be retained for strict liability actions and that assumption of risk may be the appropriate defense.” We felt that way because contributory negligence was not an available defense in strict liability actions.

11994–1994
State v. Stuit green
mont · 1978
2 sentences

1986In State v. Stuit (1978), 176 Mont. 84 , 576 P.2d 264 , this Court held that four conditions must exist at the time of escape for justification to be an available defense: 1) The defendant was faced with a specific threat of death, or substantial bodily injury in the immediate future. 2) There is no time for a complaint to the authorities or there exists a history of futile complaints which make any result from such complaints illusory. 3) There is not time or opportunity to resort to the courts. 4) The prisoner immediately reports to the proper authorities when he has attained a position of s

1986In State v. Stuit (1978), 176 Mont. 84 , 576 P.2d 264 , this Court held that four conditions must exist at the time of escape for justification to be an available defense: 1) The defendant was faced with a specific threat of death, or substantial bodily injury in the immediate future. 2) There is no time for a complaint to the authorities or there exists a history of futile complaints which make any result from such complaints illusory. 3) There is not time or opportunity to resort to the courts. 4) The prisoner immediately reports to the proper authorities when he has attained a position of s

11986–1986
Brown v. North American Manufacturing Co. green
mont · 1978
2 sentences

1985In Brown v. North American Manufacturing Co. (1978), 176 Mont. 98 , 576 P.2d 711 , this Court held that contributory negligence is not an available defense in a strict liability case for defective products.

1985In Brown v. North American Manufacturing Co. (1978), 176 Mont. 98 , 576 P.2d 711 , this Court held that contributory negligence is not an available defense in a strict liability case for defective products.

11985–1985

Where else courts name it

IL 62 (1932–2026) IN 46 (1857–2025) WI 44 (1959–2026) NY 42 (1868–2024) CA 41 (1938–2025) FL 40 (1894–2019) TX 37 (1928–2026) MO 36 (1911–2025) PA 31 (1874–2026) DC 30 (1980–2025) OH 29 (1967–2026) MI 24 (1914–2026) WA 16 (2002–2020) AL 14 (1864–1998) MA 13 (1982–2026) ID 12 (2001–2026) GA 10 (1934–2026) RI 9 (1980–2013) NJ 9 (1932–2021) CO 9 (1988–2022) LA 9 (1958–1997) MT 9 (1985–2023) VA 8 (1977–2023) WV 8 (1908–1997) TN 7 (2002–2016) CT 7 (1990–2025) NM 7 (1908–2022) MD 7 (1970–2016) NE 6 (1994–2026) VT 6 (1892–2016) MS 6 (1999–2014) OK 6 (1903–2023) KS 5 (1996–2020) OR 5 (1960–2019) DE 5 (2000–2022) WY 5 (1983–2023) IA 5 (1952–1984) KY 4 (1871–2024) HI 4 (1995–2018) MN 4 (1998–2026) AR 3 (1992–2025) ME 3 (1979–2021) ND 2 (1958–1995) SD 2 (1998–2003) UT 2 (2012–2017) NH 2 (1995–2024) SC 2 (1970–2017) NC 2 (1994–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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